GDPR Compliance for US-Based Companies: Why It Matters and How to Get There

In an increasingly globalized world, data protection regulations such as the General Data Protection Regulation (GDPR) affect not only European businesses but also companies around the world, including those based in the United States. The GDPR requires businesses to handle and protect the personal data of EU citizens with a high standard of care, and failure to comply can result in significant penalties. For US-based companies that handle EU data, GDPR compliance is not optional—it’s essential.

In this article, we’ll discuss why GDPR compliance matters for US-based companies and provide actionable steps to help businesses navigate the path to compliance.

Why GDPR Matters for US-Based Companies

Even though the GDPR is a European regulation, it applies to any company, anywhere in the world, that collects, stores, or processes the personal data of EU citizens. This means that US-based companies are required to comply if they offer goods or services to EU residents or monitor their behavior online, such as through tracking website traffic or collecting customer information.

1. Avoiding Significant Fines and Penalties

The GDPR has stringent penalties for non-compliance, with fines of up to €20 million or 4% of annual global turnover, whichever is higher. For US-based businesses, these penalties can be financially devastating and even lead to litigation if customer data is mishandled.

2. Building Trust with Global Customers

GDPR compliance demonstrates that your business values data privacy and security. This builds trust with EU customers, partners, and clients, which is crucial in today’s data-driven world. By complying with GDPR, US-based companies can attract more customers from Europe and create stronger partnerships with European businesses.

3. Preventing Data Breaches and Enhancing Security

One of the key goals of GDPR is to ensure that businesses handle personal data securely, preventing breaches that could lead to the exposure of sensitive information. Compliance with GDPR means implementing robust data protection measures, such as encryption, secure storage, and strict access controls. These measures not only help avoid penalties but also reduce the risk of data breaches, which can be costly and damaging to a company’s reputation.

4. Staying Competitive in a Global Marketplace

As more companies worldwide adopt stricter data privacy regulations, GDPR compliance is becoming a competitive advantage. US-based businesses that comply with GDPR can enter European markets with confidence, secure in the knowledge that their data handling practices meet the highest standards. Non-compliance, on the other hand, may lead to being excluded from opportunities in the EU or facing challenges when working with EU-based companies that prioritize data security.

How to Achieve GDPR Compliance for US-Based Companies

For US companies handling EU citizen data, achieving GDPR compliance involves understanding and adhering to the regulation’s specific requirements. While the process may seem daunting, following these key steps can help businesses navigate the path to compliance.

1. Understand What Constitutes Personal Data

The GDPR defines personal data broadly, including any information that can identify an individual, such as names, email addresses, phone numbers, IP addresses, and even cookie data. It’s important for US-based companies to understand what types of data they are collecting and whether it falls under the GDPR’s scope.

• Audit your data collection practices to identify all personal data your company processes.
• Ensure that data collection methods are transparent, and you have legal grounds (such as user consent) for processing the data.

2. Appoint a Data Protection Officer (DPO)

Under GDPR, some companies are required to appoint a Data Protection Officer (DPO), especially if they handle large volumes of personal data or process sensitive data (such as health information). The DPO’s role is to oversee data protection strategies and ensure compliance with GDPR regulations.

• If your company doesn’t require a DPO, it’s still a good idea to designate someone responsible for GDPR compliance to manage ongoing efforts.

3. Implement Data Minimization Practices

Data minimization is a core principle of GDPR, meaning that businesses should only collect the data that is necessary for a specific purpose. Collecting excessive data that isn’t needed increases the risk of breaches and can lead to non-compliance.

• Limit data collection to only what is essential for your business operations.
• Regularly review and delete unnecessary data to reduce your exposure.

4. Obtain Clear, Informed Consent from Users

Under GDPR, consent must be freely given, specific, informed, and unambiguous. US companies that process EU data need to update their consent forms and privacy policies to ensure that users are fully aware of how their data will be used and have explicitly agreed to it.

• Ensure that consent is obtained through opt-in mechanisms, not pre-checked boxes.
• Give users the ability to withdraw consent easily, and honor their requests to have their data deleted if desired.

5. Ensure Data Portability and Access Rights

GDPR grants individuals the right to access their personal data and request its correction, deletion, or transfer to another company. US-based companies must ensure that they can fulfill these requests in a timely and efficient manner.

• Establish procedures for handling data access requests from EU citizens.
• Ensure that your systems allow for data portability, enabling users to download their data or transfer it to another service provider.

6. Secure Personal Data Through Encryption and Access Controls

GDPR requires businesses to implement technical measures that protect personal data from unauthorized access, breaches, and theft. Encryption, multi-factor authentication, and strict access controls are key elements in securing sensitive data.

• Encrypt data both in transit and at rest to prevent unauthorized access in the event of a breach.
• Limit access to personal data to authorized personnel only, ensuring that employees handle data securely.

7. Report Data Breaches Within 72 Hours

Under GDPR, companies must report any data breach that compromises personal data to the relevant supervisory authority within 72 hours of becoming aware of it. Failure to do so can result in significant fines and damage to your reputation.

• Develop an incident response plan that includes protocols for identifying, reporting, and mitigating data breaches.
• Ensure that your plan includes steps to notify affected individuals when necessary.

8. Maintain Compliance Documentation

To demonstrate GDPR compliance, businesses need to keep detailed records of how they collect, process, and protect personal data. These records should be available in case of an audit or investigation.

• Document your data protection policies, procedures, and security measures to show that your business is committed to compliance.
• Regularly review and update these documents as your data handling practices evolve.

Achieving GDPR Compliance Is a Must for US-Based Businesses

For US companies that collect and process data from EU citizens, GDPR compliance is not only a legal requirement but also a critical step toward building trust with global customers and securing a competitive advantage in international markets. By understanding the regulation’s requirements, implementing strong data protection practices, and continuously monitoring compliance, US businesses can avoid hefty fines and ensure that they’re meeting the highest standards of data privacy.

At Securafy, we specialize in helping businesses navigate the complexities of GDPR compliance. From data protection strategies to compliance audits, our team of experts ensures that your business meets the latest regulatory standards while protecting customer data. Contact us today to learn how we can support your GDPR compliance efforts.